Hearing de novo

Prescribed fee

Notice to defendant

1If you intend to defend the proceedings, you must—

(a)file a statement of defence with the Registrar of the Employment Court at [place] within—

(i)30 (or the appropriate number if the court has given an extension for an overseas party) days after the date on which you were served this statement of claim, if you were served in New Zealand or the Commonwealth of Australia; or

(ii)50 (or the appropriate number if the court has given an extension for an overseas party) days after the date on which you were served this statement of claim, if you were served outside New Zealand or the Commonwealth of Australia; and

(b)without delay, serve 1 copy of that statement of defence on the plaintiff.

2If you fail to file a statement of defence within the time allowed, you may defend the proceedings only with the leave of the court.

3You will be notified of the place, date, and time of the hearing of the claim.

Date:

Registrar of the Employment Court:

Details of person filing notice*

Filed by: [full name]

Address for service:

Telephone:

Fax:

Email:

Document exchange box number:

or

Filed by [full name] on behalf of the plaintiff:

Address for service:

Telephone:

Fax:

Email:

Document exchange box number:

*Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any fax number, document exchange box number, or email address is optional.

Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

inserting new regulations 6A and 10A, and new form 1AA, which relate to the procedure and form to be used for challenging in the Employment Court a dismissal by the Employment Relations Authority of frivolous or vexatious proceedings; and

amending Schedule 3 (which relates to fees) to insert new item 1AA, which provides that the fee for filing a statement of claim in new form 1AA is $204.40.